ZONING CRITERIA:
Below are 8 administrative policies that the county uses
when deciding whether to allow or deny a rezoning request. Citizens are advised to read them carefuly and consider their
relevancy to the particular property and surroundings. It would be most beneficial to reference these policies when
presenting supporting data either for or against a proposed zoning action.
ADMINISTRATIVE POLICIES OF THE FUTURE
LAND USE ELEMENT
Administrative
Policies in the Future Land Use Element establish the expertise of staff with
regard to zoning and land use issues and set forth criteria when considering a rezoning action or request for Conditional
Use Permit, as follows:
“Administrative Policy 1
The Brevard County
zoning official, planners and the director of the planning and zoning staff, however designated, are recognized as expert
witnesses for the purposes of Comprehensive Plan amendments as well as zoning, conditional use, special exception and variance
applications.
Administrative Policy 2
Upon Board request, members of the Brevard County planning and zoning shall be required to present written analysis and a
recommendation, which shall constitute an expert opinion, on all applications for zoning,
conditional uses, comprehensive plan appeals, vested rights or other applications for development approval that come
before the Board of County Commissioners for quasi-judicial reveiw and action. The Board may table an item if additional
time is required to obtain the analysis requested or to hire an expert witness if the Board deems such action appropriate.
Staff imput may include the following:
Criteria:
A. Staff
shall analyze an application for consistency or
compliance with comprehensive plan policies, zoning
approval criteria and other applicable standards.
B. Staff shall conduct site visits of property which are the
subject of analysis and recommendation. As part of the site
visit, the staff shall take a videotape or photographs where
helpful to the analysis and conduct an inventory of
surrounding existing uses. Aerial photographs shall also be
used where they would aid in an understnading of the issues
of the case.
C. In cases where staff analysis is required, both the applicant
and the staff shall present proposed findings of fact for
consideration by the Board.
D. For
re-zoning applications where a specific use has not been
proposed, the worst case adverse impacts of potential uses
available under the application land use classification shall be
evaluated by the staff.
Administrative Policy 3
Compatibility with existing
or proposed land uses shall be a factor in determining where a rezoning or any application involving a specific proposed use
is being considered. Compatibility shall be evaluated by considering the following
factors, at a minimum:
Criteria:
A. Whether the proposed use(s) would have hours of
operation, lighting, odor, noise levels, traffic, or site activity that would significantly diminish the enjoyment of, safety
or quality of life in existing neighborhoods within the area which could foreseeably be affected by the proposed use;
B. Whether the proposed
use(s) would cause a material reduction (five per cent or more) in the value of existing abutting lands or approved development.
C. Whether the proposed use(s) is/are consistent with
an emerging or existing pattern of surrounding development as determined through an analysis of:
1. historical land use
patterns;
2. actual development over
the immediately preceding three years; and
3. development approved within the past three
years but not yet constructed.
D. Whether the proposed use(s)
would result in a material violation of relevant policies in any elements of the Comprehensive Plan.
Administrative Policy
4
Character of a neighborhood or area shall be a factor for consideration whenever a rezoning
or any application involving a specific proposed use is reviewed. The character
of the area must not be materially or adversely affected by the proposed rezoning or land use application. In evaluating the character of an area, the following factors shall be considered:
Criteria:
A. The proposed use must not
materially and adversely impact an established residential neighborhood by introducing types or intensity of traffic (including
but not limited to volume, time of day of traffic activity, type of vehicles, etc.), parking, trip generation, commercial
activity or industrial activity that is not already present within the identified boundaries of the neighborhood.
B. In determining whether
an established residential neighborhood exists, the following factors must be present:
1. The area must have
clearly established boundaries, such as roads, open spaces, rivers, lakes, lagoons, or similar features.
2. Sporadic or occasional
neighborhood commercial uses shall not preclude the existence of an existing residential neighborhood, particularly if the
commercial use is non-conforming or pre-dates the surrounding residential use.
3. An area shall be presumed
not to be primarily residential but shall be deemed transitional where multiple commercial, industrial or other non-residential
uses have been applied for and approved during the previous five (5) years.
Administrative Policy
5
In addition to the factors
specified in Administrative Policies 2, 3, and 4, in reviewing a rezoning, conditional use permit or other application for
development approval, the impact of the proposed use or uses on transportation facilities either serving the site or impacted
by the use(s) shall be considered. In evaluating whether substantial and adverse
transportation impacts are likely to result if an application is approved, the staff shall consider the following criteria:
Criteria:
A. Whether adopted levels of service will be compromised;
B. Whether the physical
quality of the existing road system that will serve the proposed use(s) is sufficient to support the use(s) without significant
deterioration;
C. Whether the surrounding existing
road system is of sufficient width and construction quality to serve the proposed use(s) without the need for substantial
public improvements;
D. Whether the surrounding existing road system is
of such width and construction quality that the proposed use(s) would realistically pose a potential for material danger to
public safety in the surrounding area;
E. Whether the proposed
use(s) would be likely to result in such a material and adverse change in traffic capacity of a road or roads in the surrounding
area such that either design capacities would be significantly exceeded or a de facto change in functional classification
would result;
F. Whether the proposed
use(s) would cause such material and adverse changes in the types of traffic that would be generated on the surrounding road
system, that physical deterioration of the surrounding road system would be likely;
G. Whether projected traffic impacts of the proposed
use(s) would materially and adversely impact the safety or welfare of residents in existing residential neighborhoods.
Administrative Policy 6
The use(s) proposed under the rezoning, conditional
use or other application for development approval must be consistent with (a) all written land development policies set forth
in these administrative policies; and (b) the future land use element, coastal management element, conservation element, potable
water element, sanitary sewer element, solid waste management element, capital improvements element, recreation and open space
element, surface water element and transportation elements of the comprehensive plan.
Administrative
Policy 7
Proposed use(s) shall not
cause or substantially aggravate any (a) substantial drainage problem on surrounding
properties; or (b) significant, adverse and unmitigatable impact on significant
natural wetlands, water bodies or habitat for listed species.
Administrative
Policy 8
These policies, the staff analysis based upon
these policies and the applicant’s written analysis, if any, shall be incorporated into the record of every quasi-judicial
review application for development approval presented to the Board including rezoning, conditional use permits and vested
rights determinations.”
*Section 62-1151 (c) of the Code
of Ordinances of Brevard County directs ..... “The planning and zoning board shall recommend to the board
of county commissioners the denial or approval of each application for amendment to the official zoning maps based upon a
consideration of the following factors:
(1)
The character of the land use of the property
surrounding the property being considered.
(2)
The change in conditions of the land use of the property being considered and the surrounding property since the establishment
of the current applicable zoning classification, special use or conditional use.
(3)
The impact of the proposed zoning classification or conditional use on available and projected traffic patterns, water
and sewer systems, other public facilities and utilities and the established character of the surrounding property.
(4)
The compatibility of the proposed zoning classification or conditional use with existing land use plans for the affected
area.
(5)
The appropriateness of the proposed zoning classification or conditional use based upon a consideration of the applicable
provisions and conditions contained in this article and other applicable laws, ordinances and regulations relating to zoning
and land use regulations and based upon a consideration of the public health, safety and welfare.
The minutes of the planning and zoning board shall specify the reasons for the recommendation of approval or
denial of each application.”
_____________________________________________________________________________
REF:
1988 Brevard County
Comprehensive Plan, Chapter XI. Future Land
Use Element, Administrative Policies, pp. ii. - iv.
http://www.brevardcounty.us/zoning/documents/landuse3.pdf
Zoning Definitions:
This
table contains general information for the most common residential and commercial zoning classifications in the North Merritt Island area. For a more detailed description,
go to www.brevardcounty.us/zoning then select "Zoning" followed by "Zoning Code." Use
the references provided in the last column of this table to navigate to a particular classification.
|
ZONING
CLASSIFICATION |
DEFINITION |
DENSITY
(acreage per unit) |
MIN. LOT
SIZE
(width x depth) |
SETBACKS |
ZONING CODE
REFERENCE |
|
Residential: |
|
|
|
|
|
|
AU |
Agricultural
Residential |
2.5 |
150 ft. x 150 ft. |
25 ft. from Front
20 ft. from Rear
10 ft. from Sides |
62-1334 |
|
RR-1 |
Rural
Residential |
≥ 1.0 |
125 ft. x 125 ft. |
25 ft. from Front
20 ft. from Rear
10 ft. from Sides |
62-1336 |
|
SEU |
Suburban Estate
Residential |
≥ 1.0 |
125 ft. x 200 ft. |
25 ft. from Front
20 ft. from Rear
15 ft. from Sides |
62-1337 |
|
SR |
Suburban
Residential |
≥ 0.5 |
100 ft. x 150 ft. |
25 ft. from Front
20 ft. from Rear
10 ft. from Sides |
62-1338 |
|
EU, EU-1, EU-2 |
Estate Use |
0.34, 0.28, 0.21 |
100 ft. x 100 ft.
100 ft. x 100 ft.
90 ft. x 100 ft. |
25 ft. from Front
20 ft. from Rear
10 ft. from Sides |
62-1339 |
|
Commerical: |
|
|
|
|
|
|
BU-1 |
General Retail |
N/A |
N/A |
25 ft. from Front
15 ft. from Rear
5-15 ft. from Sides |
62-1482 |
|
BU-2 |
Retail, warehousing & wholesale |
N/A |
N/A |
25 ft. from Front
15 ft. from Rear
5-15 ft. from Sides |
62-1483 |
